Texas prosecutors usually only pursue criminal charges in cases where they have strong evidence to present. A prosecutor typically believes that they can prove someone’s guilt beyond a reasonable doubt when they pursue criminal allegations against the defendant.
Those accused of serious crimes often panic because they worry about the prospect of a trial. Even if they still maintain their innocence, they may worry that the state could make it look like they broke the law or could attack their character. All too often, people plead guilty just to reduce how much time they spend in criminal court.
There are many different ways for an individual accused of criminal activity in Texas to respond to their pending charges. One strategy that a defense attorney might utilize involves challenging the inclusion of certain evidence. If police officers broke the law or violated someone’s rights while collecting evidence, that could potentially lead to the dismissal of the criminal case against that defendant.
All evidence must meet certain standards
To present criminal evidence in court, the evidence needs to be authoritative and reliable. Scientific specialists typically need to agree with the state’s interpretation of the evidence, and the process used to gather the evidence must be appropriate and legal.
There are numerous rules restricting the conduct of police officers and other investigatory professionals. If police officers conducted unlawful searches or otherwise violated someone’s rights, possibly by questioning them without providing the Miranda warning first, the exclusionary rule may apply.
A defense attorney can ask the courts to exclude or set aside evidence obtained inappropriately. In cases involving drug charges or a drunk driving traffic stop, the inappropriately-gathered evidence might be the only evidence that the state has. If a lawyer successfully argues to exclude the evidence from the trial, then the prosecutor may not be able to move forward with the criminal case.
Looking into every potential defense strategy can be a smart move for those hoping to fight criminal charges. Defendants who know their civil rights and who look carefully at the state’s case can sometimes avoid criminal proceedings altogether.